Sarah Beth Brodkorb, Michael Brodkorb, and O/B/O Minor Children (AB, BB, EB), Transcript of Proceedings

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1 STATE OF MINNESOTA DISTRICT COURT
2 COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
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4 Sarah Beth Brodkorb, Michael

Brodkorb, and O/B/O Minor Children
5 (AB, BB, EB),
TRANSCRIPT OF
6 Petitioners, PROCEEDINGS
7 and File No. 19AV-CV-18-2157
8 Deidre Elise Evavold,
9 Respondent.
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11 The above-entitled matter came on for hearing before the
12 Honorable Michael Baxter, Judge of the above-named Court, on
13 October 29, 2018, at the Dakota County Judicial Center, in the
14 City of Hastings, County of Dakota, State of Minnesota.
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16 APPEARANCES:
17 Mr. Nathan M. Hansen, Attorney at Law, appeared for and
18 on behalf of the Petitioners.
19 Respondent appeared pro se.
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1 I N D E X
3 Petitioner's Witnesses Direct Cross
4 Daniel Spiess 9 11
5 Carrie Beaudette 22
6 Sarah Brodkorb 25 26
7 Michael Brodkorb 37 41
10 Page
11 Petitioner's Final Argument-------------------------------- 51
12 Respondent's Final Argument-------------------------------- 52
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14 Exhibit Identified Offered Received
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1 THE COURT: Let me start with the parties in
2 Brodkorb versus Evavold.
3 MR. HANSEN: We are here, Your Honor.
4 THE COURT: Come on up. Is there a reason you're
5 afraid to come up here and talk to me?
6 THE ATTORNEY: No, I'm happy to come up. We
7 subpoenaed a detective, and then --
8 THE COURT: Wait. Where is the other party?
9 THE RESPONDENT: Right here.
10 THE COURT: Come on up. You are Mr. Hansen?
11 MR. HANSEN: Yes.
12 THE COURT: And Ms. Evavold?
13 THE RESPONDENT: Deidre Evavold.
14 THE COURT: All right. So I got this morning a
15 rather long request for a continuance of this matter from
16 Ms. Evavold. I don't know who -- and then there is attached
17 a letter from Ms. Beaudette who is a witness that is
18 subpoenaed by you; is that correct, Ms. Evavold?
19 THE RESPONDENT: No.
20 THE COURT: You subpoenaed her?
21 MR. HANSEN: Yes.
22 THE COURT: Well, she wrote a letter last
23 Thursday, faxed to our chief judge, Judge Messerich, saying
24 that she was unavailable today. I guess she's not an
25 attorney. I would say this is essentially a request to

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1 quash a subpoena. I don't see that Mr. Hansen was copied.
2 But she does say that she left messages on Wednesday and
3 Thursday with you, Mr. Hansen, telling you that she would be
4 out of town.
5 MR. HANSEN: She is here now.
6 THE COURT: Oh, she is here. Okay, well, but we
7 are back to Ms. Evavold's request for a continuance in this.
8 Some of it I don't see how it relates to the harassment
9 restraining order, but some of it may well relate to it. Is
10 that still your request to continue this?
11 THE RESPONDENT: Yes, I haven't been able to --
12 THE COURT: I'm not doing it indefinitely.
13 THE RESPONDENT: No, I understand that --
14 THE COURT: Okay.
15 THE RESPONDENT: -- but I haven't received the
16 evidence that I have been trying to receive. All of the
17 preliminary audio statements from the Eagan Police
18 Department, and --
19 THE COURT: About what?
20 THE RESPONDENT: -- made by Diane Ristau and
21 Carrie Beaudette and Sarah Michaels [sic]. Preliminary
22 audio statements as well as all of the Famous Footwear
23 staff.
24 THE COURT: And how did you try to get that
25 information?
5
1 THE RESPONDENT: I made numerous requests. I
2 provided phone calls to Eagan PD, Roger New, Chief Roger New
3 and Christina Scipioni.
4 THE COURT: So what is the response to it?
5 THE RESPONDENT: They ignored it. I received a
6 portion of the evidence. I haven't received any of the
7 preliminary audio.
8 THE COURT: I don't know what "preliminary audio"
9 means.
10 THE RESPONDENT: That they would have recorded all
11 of those conversations so that I would know what was stated
12 at the time.
13 THE COURT: Do you know that they did record
14 those?
15 THE RESPONDENT: I would assume they would.
16 THE COURT: I would assume they wouldn't. That is
17 not really -- you don't get to assume. Do you know that
18 there are recordings?
19 THE RESPONDENT: Well, it's standard operating
20 procedure, because I have audio recordings from other false
21 police reports that have been filed by Michael Brodkorb in
22 the past.
23 THE COURT: But for this purpose here, why do we
24 care about the police reports? This has to do with down the
25 line what was done with the photo of Ms. Brodkorb.

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1 THE RESPONDENT: Correct, and I would like to know
2 the exact information that was provided and what was stated.
3 THE COURT: What difference does it make?
4 THE RESPONDENT: Because that's my evidence, and I
5 need to know what was stated.
6 THE COURT: Evidence of what?
7 THE RESPONDENT: Evidence of what was stated about
8 this whole photograph. There is no evidence of even me
9 being contacted or having any connection to this whatsoever.
10 THE COURT: That's part of the hearing. That's
11 something they are going to have to establish --
12 THE RESPONDENT: Right.
13 THE COURT: -- in this, that you have a connection
14 between the publication of this photo.
15 THE RESPONDENT: Yes.
16 THE COURT: Okay.
17 THE RESPONDENT: And there has been numerous
18 conversations that I know Mr. Brodkorb has had with staff at
19 the Famous Footwear store that -- yeah.
20 THE COURT: I don't see what that has to do with
21 anything.
22 THE RESPONDENT: It has to do a lot with that,
23 because there has been false statements made in the past in
24 Diane Ristau's hearing about evidence that there was a
25 commotion.
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1 THE COURT: Well, okay, none of this I see has any
2 reason to continue this matter. But if you do want a
3 continuance, I have to know how long, because it's not going
4 to be continued indefinitely.
5 THE RESPONDENT: I understand that.
6 THE COURT: So if you want a continuance for a
7 week, I don't like that. It seems to me if Ms. Beaudette is
8 here --
9 THE RESPONDENT: Yeah.
10 THE COURT: -- and the other parties are here, we
11 go ahead and have this hearing.
12 THE RESPONDENT: Yeah, we can go for it. Yeah, we
13 will do it then.
14 THE COURT: All right. Take a seat.
15 THE RESPONDENT: I definitely want it noted that I
16 haven't received all of that.
17 THE COURT: Oh, yes, you can certainly note that
18 on the record that you haven't received this.
19 THE RESPONDENT: Uh-huh.
20 THE COURT: Okay. Take a seat. I take it yours
21 is going to take a while, so it will probably be towards the
22 end.
23 MR. HANSEN: I don't think it would be too long. I
24 think my case in chief would be about 15 minutes.
25 THE COURT: Okay.

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1 (Other docket matters called.)
2 THE COURT: We have the matter of Brodkorb.
3 Counsel, note your appearance.
4 MR. HANSEN: Good afternoon, Your Honor. Nathan
5 Hansen appearing on behalf of Michael and Sarah Brodkorb
6 sitting to my right.
7 THE RESPONDENT: Deidre Evavold.
8 THE COURT: Ms. Evavold, you know you have a right
9 to have an attorney here to represent you today if you
10 chose?
11 THE RESPONDENT: Yes.
12 THE COURT: Okay. So this is a harassment
13 restraining order brought by the Brodkorbs. So, Mr. Hansen,
14 you may call your -- how many witnesses you going to have?
15 MR. HANSEN: Four. Carrie Beaudette, I believe
16 she is in the courtroom. But I only need them for tiny
17 pieces of evidence.
18 THE COURT: Who has the officer?
19 MR. HANSEN: I do.
20 THE COURT: Call him first.
21 MR. HANSEN: I will. I will call Detective Daniel
22 Spiess with the Eagan Police Department.
23 Daniel Spiess,
24 having been duly sworn, testified as follows:
25 THE COURT: Take a seat, Detective. State your

Daniel Spiess - Direct 9
1 full name and spell your first and last name.
2 THE WITNESS: Detective Daniel, D-a-n-i-e-l,
3 Spiess, S-p-i-e-s-s.
4 THE COURT: Detective.
5 Mr. Hansen, you may proceed.
6 DIRECT EXAMINATION
7 BY MR. HANSEN:
8 Q. Detective Spiess, what do you do for work?
9 A. I work for the Eagan Police Department.
10 Q. And did you receive a report about a potential harassment
11 from the Brodkorbs?
12 A. I did.
13 MR. HANSEN: Your Honor, if I may approach the
14 witness?
15 THE COURT: You may.
16 MR. HANSEN: If I could have this marked as an
17 exhibit.
18 THE CLERK: Exhibit 1 marked for identification
19 purposes.
20 BY MR. Hansen:
21 Q. Detective Spiess, I'm handing you what's been marked for
22 identification as Exhibit 1. What is Exhibit 1?
23 A. Exhibit 1 appears to be a picture of a Twitter post that was
24 posted on social media -- I believe the term is handle -- on
25 Johnsonmedia2. It appears to be of Ms. Brodkorb, and I was

Daniel Spiess - Direct 10
1 advised it is of her child, and with some writing there.
2 Q. Did you find out eventually who took this picture?
3 A. I did.
4 Q. And who was that?
5 A. A gal by the name of Ms. Diane Ristau.
6 Q. Who did Ms. Ristau say she sent the picture to?
7 A. Ms. Ristau advised she sent the picture to a Ms. Carrie
8 Beaudette.
9 Q. And did she say -- did you talk to Ms. Beaudette about who
10 she sent it to?
11 A. Yes, I did.
12 Q. And who did Ms. Beaudette say she sent it to?
13 A. In my conversation with her, she stated the only person she
14 sent it to was Ms. Deidre Evavold.
15 MR. HANSEN: Your Honor, I move to introduce
16 Exhibit 1, but I'd like it -- because it does depict a minor
17 child, I'd like it to be entered as confidential pursuant to
18 Rule 11.01.
19 THE COURT: Any objection to that, Ms. Evavold?
20 THE RESPONDENT: That's fine.
21 THE COURT: All right. Exhibit 1 will be received
22 and marked confidential.
23 MR. HANSEN: I have nothing further of this
24 witness, Your Honor.
25 THE COURT: You have any questions of the --

Daniel Spiess - Cross 11
1 THE RESPONDENT: Yes, I do.
2 THE COURT: -- detective? Go ahead.
3 CROSS-EXAMINATION
4 BY THE RESPONDENT:
5 Q. On September 5, 2018, you wrote in your report that you
6 learned while investigating the case that a crime was not
7 committed. So what I would like you to do is just read --
8 this is from the police report. Read that highlighted area
9 out loud.
10 A. Do you want me to read the whole thing?
11 Q. Yes.
12 A. Okay. (As read.) "9/5 of 2018 at 1644 hours. On 9/5 of
13 2018 I received a response from Twitter regarding a subpoena
14 I had sent them regarding the Twitter accounts of
15 Johnsonmedia2." That's all one word. "I was advised by
16 Twitter that the information I requested would not be
17 granted under a subpoena, and I would need a search warrant
18 instead. Based upon the facts I have learned while
19 investigating this case, I do not believe a crime and
20 therefore will not be drafting a search warrant to be sent."
21 Q. Okay.
22 A. "This case is closed, assisted/advised, with no further
23 follow-up necessary."
24 Q. And the question is can you explain to me what that means; a
25 crime was not committed?

1 MR. HANSEN: I object as to relevance.
2 THE COURT: Overruled. He can answer.
3 THE WITNESS: Sure. Well, I guess we should
4 probably go back because there is a typo in that report
5 either by my dictation or by clerical. I don't know which
6 one. So if I could kind of elaborate upon what it should
7 have said at the bottom there.
9 Q. Okay.
10 A. So I had said that a crime had not been committed. I did
11 not believe there had been a crime committed by Ms. Ristau
12 or Ms. Beaudette. There had already been a formal process
13 of trying to investigate the Twitter accounts by Dakota
14 County, but they were not able to associate a specific
15 person with that account. So that is why I did not draft a
16 search warrant.
17 Q. Okay. And are you capable of determining a legitimate and a
18 false police report?
19 MR. HANSEN: Object as to relevance.
20 THE COURT: I don't know how you answer that
21 question. The question doesn't make sense to me. So
22 sustained.
24 Q. Okay, here would be my question. How is it possible that
25 back on the 13th you didn't know that it was a false police
1 report, because you said you spoke with Deputy Wayne from
2 Dakota County Sheriff's office, and they said that the
3 investigation was complete. They were not able to determine
4 who was posting on this account. So my question is why then
5 did you continue to investigate when you knew that there was
6 no further information and it's still out online? So
7 clearly Twitter didn't take it down, so there is nothing
8 harassing about the post.
9 MR. HANSEN: I am going to object to the form of
10 that question.
11 THE COURT: There is no question there. What's
12 the question?
14 Q. My question is the false police report. So we know that
15 this is a false police report. There has been no
16 harassment, nothing identified. So you knew back on the
17 13th there was no further information. Why then did you
18 continue to keep investigating that?
19 A. I guess, to try to answer your question, I guess I don't
20 understand the false police report aspect of it. I was
21 given this case to try to investigate if harassment had
22 taken place. That was my responsibility. I did not believe
23 in my findings that in a criminal case that there was a
24 criminal case against Ms. Ristau or Ms. Beaudette.
25 Q. Uh-huh.
1 A. Okay? If I -- but, however, there still might be a criminal
2 case for whoever is posting these on the Twitter account.
3 Q. Right.
4 A. So I still had that to investigate.
5 Q. Okay. But you determined back on the week of the 13th that
6 they've already said there is no identification of who's
7 posting on that?
8 A. Correct. So at that time then I -- you know, you have those
9 other two people, and then you have the Twitter account. So
10 I was not able to prove who posted these things. Doesn't
11 mean the matter was still not criminal, but I was not able
12 to determine who posted these.
13 Q. Okay. You said that Michael sent you an email advising you
14 he had gone back to Famous Footwear and was able to speak
15 with an employee, and he identified that person at that time
16 as Lea Dannewitz from the woman who took the photo. Did
17 Brodkorb provide you with any audio or video or
18 conversations he had with the Famous Footwear employees?
19 A. No.
20 Q. You are aware that Brodkorb likes to do his own
21 investigations? He did that --
22 MR. HANSEN: Objection; relevance, beyond the
23 scope of direct.
24 THE COURT: I don't see why that's relevant.
25 THE RESPONDENT: That's relevant because in my

1 high profile criminal case, that everybody seems to not know
2 about, Brodkorb did record conversation with me
3 surreptitiously and passed that on to Dakota County.
4 THE COURT: Your criminal case is not relevant
5 here.
6 THE RESPONDENT: Well, it is because that's what's
7 being tied into all of this. I know that was in the
8 previous transcripts.
9 THE COURT: No, it's not relevant. I decide what
10 is relevant in this courtroom. It is not relevant.
11 Objection is sustained. You may ask your next question.
12 THE RESPONDENT: In that case -- here's the
13 relevance. I also had information with help from the -- so
14 I haven't received any of the preliminary audio. We know in
15 the case that he filed the false police report.
16 MR. HANSEN: Objection. She's kind of testifying.
17 THE COURT: I don't know what the question is yet,
18 and there is no jury, so let's let the question finish.
20 Q. Okay. So I was -- okay, you said you were able to speak
21 with Carrie. You were able to talk to Diane. You talked
22 with Michael and Sarah. Where is the audio recording from
23 those?
24 A. I guess in some situations when you -- every single person I
25 speak with in a given investigation, I don't record their

1 conversation.
2 Q. Okay. Can you tell me why that you wouldn't fall back on
3 your training to do that? Because what this does -- let me
4 read you that from the --
5 MR. HANSEN: Objection; foundation. There is
6 nothing in the record about training or anything like that.
7 THE RESPONDENT: I'm establishing --
8 THE COURT: You asked the question why he didn't
9 record it. He can answer that question.
10 THE WITNESS: Could you restate the question?
12 Q. What I'm talking about is the standard operating procedure.
13 Because what happens when you get preliminary audio, they
14 are locked into that.
15 MR. HANSEN: Objection; foundation.
16 THE COURT: Yeah, I don't want the statements. I
17 want your questions.
19 THE COURT: So the statement that says when you
20 take a preliminary, they are locked into it --
22 THE COURT: -- that is not a question.
24 Q. Right. So tell me why the detective in the other false
25 police report that Brodkorb filed against Kim Bastien

1 (phonetic) which is with your Eagan Police Department, she
2 was recorded. I have tons of audio from every conversation.
3 So I guess I find it interesting that you --
4 THE COURT: Ask a question.
6 Q. -- wouldn't do the sustained operating procedure. Why would
7 that be?
8 MR. HANSEN: Objection; it is not a question.
9 THE COURT: The question is why you didn't record
10 these conversations. You should be able to answer that.
11 THE WITNESS: Yes. So what I can tell you, some
12 conversations I did record, and some I did not. I don't
13 record every single conversation I have with someone. I
14 don't record conversations -- I don't record every
15 conversation I have with someone. I just don't. I would
16 say that is standard. You don't record every single
17 conversation you have with someone. In specific instances,
18 yes, you do. But not in every single one.
19 So I did record my conversations originally with
20 Ms. Ristau and Ms. Beaudette. After speaking with them, I
21 did not believe that they needed to be put in the case file
22 folder, and they were deleted.
24 Q. And that's information I asked for, because I wanted to know
25 what those audio statements were. And that's also evidence

1 that was illegally withheld from me.
2 THE COURT: It is time to ask questions.
4 Q. Okay. So also I know that you've contacted Angela Young
5 twice, so that would lead me to believe that -- is this
6 investigation still active?
7 A. I would say at this point in time, no. If you receive more
8 information at a later date, investigations can always be
9 reopened. That is why I did contact Ms. Young. I had
10 received further information, and so I contacted her to try
11 to obtain a statement. She did not get back to me. So then
12 again it was closed again.
13 Q. So what information were you trying to obtain from her?
14 A. To see if she had any relevant information in regards to the
15 Twitter page.
16 Q. Why would she?
17 A. Sorry?
18 Q. Why would she have that information?
19 A. I was informed that Ms. Beaudette had not only sent the
20 information to you, but also to Ms. Young.
21 Q. Again, so you would agree -- or do you think that the
22 petitioner offered any evidence of harassment, pursuing or
23 stalking by Diane Ristau?
24 MR. HANSEN: Objection; relevance. And calls for
25 a legal conclusion.
1 THE COURT: If you know anything, you can answer
2 the question.
3 THE WITNESS: I did not charge criminally Ms.
4 Ristau or Ms. Beaudette.
6 Q. Okay. So, again, if it was stalking and pursuing that's
7 identified on the police report, that would be my question;
8 why you wouldn't obtain video, surveillance video, and get
9 that information from the mall to show that there was no
10 pursuing or stalking?
11 A. Well, as indicated in my report, Famous Footwear does not
12 have surveillance video.
13 Q. In the store. But they have mall surveillance outdoors.
14 A. No, they do not.
15 Q. I would disagree with that.
16 A. The exterior hallways of the mall --
17 MR. HANSEN: Objection; she's arguing with the
18 witness.
19 THE COURT: I want you to ask questions.
20 THE RESPONDENT: Okay.
21 THE COURT: Okay.
22 BY MR. HANSEN:
23 Q. So what you're saying, the police report is not currently
24 active at this point?
25 A. As I sit right here right now, no, I do not have any further
1 leads.
2 Q. Okay. All right. I guess then I would say the information,
3 again, I look at are you incompetent or are you illegally
4 withholding these from me, the information I've requested?
5 MR. HANSEN: Objection; she is insulting the
6 witness.
7 THE COURT: First of all, it's argumentative.
8 Second of all, you haven't established he's withholding
9 anything.
10 THE RESPONDENT: Well, we've talked -- he audio
11 recorded Carrie and Diane you said.
12 THE COURT: Well, he is not withholding that.
13 THE RESPONDENT: Well, I have not received it and
14 I requested that specifically. Because those are audio
15 statements that, yeah, possibly, incriminate me falsely.
16 THE COURT: Are you withholding anything from Ms.
17 Evavold?
18 THE WITNESS: No, sir.
19 THE COURT: Okay, all right. So you got your
20 answer. He is not withholding anything.
22 Q. So did you say you recorded?
23 A. Yes, I originally did record those two conversations.
24 Q. Right.
25 A. However, I believe that week I deleted them. They said,

1 Yes, I sent the photo to this person. I sent the photo to
2 this person. There wasn't any arguing on the phone. There
3 wasn't any, no, that wasn't me. They didn't deny anything.
4 They just told me what they said. Yes, I took the picture,
5 and I sent it to this person. And that's what I had in my
6 report.
7 Q. That would be hiding the evidence, so, yes, I find that
8 interesting.
9 THE RESPONDENT: All right, I have no further
10 questions.
11 THE COURT: Any redirect, Mr. Hansen?
12 MR. HANSEN: No, Your Honor, thank you.
13 THE COURT: You can step down, Detective.
14 THE WITNESS: I can leave, sir?
15 THE COURT: You can.
16 MR. HANSEN: Next call Carrie Beaudette.
17 MS. BEAUDETTE: All right, Your Honor, before I
18 approach the stand, I did send a letter in which, Nathan,
19 you received a fax as well, and, Your Honor, you referenced
20 it this morning, stating that, you know, again, we have
21 evidence to believe it is an open case, although he just
22 testified that it's not. And I still have not received the
23 evidence that I had requested. So in the letter I sent, I
24 really -- I want to invoke my right to be silent on the
25 stand.
Carrie Beaudette - Direct 22
1 THE COURT: Okay.
2 MS. BEAUDETTE: I have been down here three times.
3 The first time, horrible experience, in which I did demand
4 an investigation, an administrative investigation trying to
5 get some additional information.
6 THE COURT: Okay, if you want to come up to the
7 stand and take the Fifth Amendment, you have every right to
8 do that.
9 MS. BEAUDETTE: Okay, I'll do that.
10 THE COURT: Would you raise your right hand.
11 Carrie Beaudette,
13 THE COURT: State your full name and spell your
14 first and last name.
15 THE WITNESS: Carrie Lynn Beaudette. C-a-r-r-i-e,
16 B-e-a-u-d-e-t-t-e.
17 THE COURT: All right. Mr. Hansen.
18 MR. HANSEN: Thank you, Your Honor.
20 BY MR. Hansen:
21 Q. Ms. Beaudette, I only have very few questions for you. I
22 want to direct your attention to what's been marked and
23 entered as Exhibit No. 1. Who took that picture?
24 A. I plead the Fifth.
25 THE COURT: She's choosing to invoke her right not

1 to incriminate herself.
2 BY MR. HANSEN:
3 Q. Did you receive that picture on your phone?
5 Q. Did you send that picture to anyone?
7 Q. Do you recall testifying in this courtroom before this judge
8 on October 15, 2018?
10 MR. HANSEN: Your Honor, in light of this
11 witness's refusal to testify pursuant to the Fifth Amendment
12 of the Constitution, I would like to figure out an
13 alternative way to get this evidence in. They ordered a
14 transcript, which I have a copy of, of that hearing of this
15 witness's testimony in that case.
16 THE COURT: Okay.
17 MR. HANSEN: And I would like to introduce that
18 testimony of this witness's exact testimony in this
19 courtroom on October 15th as an exhibit.
20 THE COURT: Okay. Here's what I'm going to do.
21 I'll receive the transcript from the hearing where -- the
22 harassment order of Mr. and Mrs. Brodkorb. Was that against
23 Ms. Beaudette?
24 MR. HANSEN: That was where she testified -- when
25 she testified in the Ristau case.

1 THE COURT: Okay, so she testified. What I'm
2 going to do is I'm going to receive it tentatively. I'm
3 going to give Ms. Beaudette two weeks from today, so that is
4 November 12th I think. So on November 12th if she wants to
5 file anything that says that that is not admissible in this
6 kind of proceeding, she can do so. If she does, then she
7 has to send a copy to Mr. Hansen, and you can respond. If
8 she doesn't, then I'll receive it. And that testimony was
9 done under oath.
10 MR. HANSEN: Yes. I'll just give you the whole
11 unredacted transcript, or do you want just the portion
12 involving her?
13 THE COURT: No, give me the whole transcript, but
14 give it to me once you've got the stickies off it. You can
15 send my staff attorney a copy of it after this. I won't
16 look at it until Ms. Beaudette gets a chance to respond.
17 MR. HANSEN: Okay, we will get a PDF of that.
18 THE COURT: Okay, is she done then?
19 MR. HANSEN: Yeah, because she pled the Fifth.
20 THE COURT: Do you have any questions you want to
21 ask, Ms. Evavold?
22 THE RESPONDENT: No.
23 THE COURT: Okay, you may step down. She is free
24 to go.
25 Okay, next witness.

Sarah Brodkorb - Direct 25
1 MR. HANSEN: I call Sarah Brodkorb.
2 Sarah Brodkorb,
4 THE COURT: Would you state your full name and
5 spell your first and last name, please.
6 THE WITNESS: Sarah Beth Brodkorb. Sarah,
7 S-a-r-a-h. Brodkorb, B-r-o-d-k-o-r-b.
8 THE COURT: Mr. Hansen.
11 BY MR. HANSEN:
12 Q. Ms. Brodkorb, in front of you, could you please take a look
13 at what's been marked and entered as Exhibit No. 1?
14 A. Yes.
15 Q. What is that a depiction of?
16 A. It's a picture of me with my daughter. We were shopping at
17 Famous Footwear that day. A photo that's attached to the
18 @JaneJohnsonmedia2 account with a Twitter message.
19 Q. And there have been other proceedings relating to this
20 matter, and it was determined -- who was it determined to be
21 who took that picture?
22 A. Ms. Diane Ristau.
23 Q. And who did she send it to?
24 A. To a Ms. Carrie Beaudette.
25 Q. Who did Ms. Beaudette send it to?

Sarah Brodkorb - Cross 26
1 A. Ms. Beaudette sent it to Deidre Evavold and Angela Young.
2 Q. Why are you seeking this harassment restraining order?
3 A. I'm seeking it out of fear. I was shopping with my children
4 innocently that day, and someone that I didn't even know
5 took a picture of me, felt it was okay to send it on to
6 another person, who then felt it was okay to send it on to a
7 six-time convicted felon who doesn't seem to be able to
8 follow the letter of the law. And I'm scared for myself and
9 my children. We are very private, and we would like to stay
10 private.
11 Q. Do you publish any pictures of your children on social
12 media?
13 A. No.
14 Q. Has that always been the case?
15 A. That is the case.
16 MR. HANSEN: I have nothing further, Your Honor.
17 THE COURT: Ms. Evavold, do you have any questions
18 of Ms. --
19 THE RESPONDENT: Yes, I do.
20 THE COURT: -- Brodkorb?
21 CROSS-EXAMINATION
22 BY MR. HANSEN:
23 Q. So, Sarah, this is from Officer Lejcher's report. He's the
24 one that came to your home that evening.
25 MR. HANSEN: Could you refer to her as Ms.

1 Brodkorb, please.
2 THE RESPONDENT: What did I say?
3 MR. HANSEN: Sarah.
4 THE RESPONDENT: Oh, I'm sorry.
6 Q. Ms. Brodkorb, on 8/13 at 11:15 he was dispatched to your
7 residence. Was met at the door by Sarah and her husband,
8 Michael Brodkorb. Showed me a picture that was taken at the
9 outlet mall. The photo has been posted to a Twitter account
10 with the name of Jane Johnson. The photo was of Sarah and
11 her daughter at the register at Famous Footwear. Neither
12 Sarah nor her daughter appeared to know the photo was taken.
13 Then the statement that you made under oath during
14 Diane Ristau's hearing, you said there was a commotion
15 actually 22 times in the hearing. So I guess my question is
16 which one is true out of those two statements?
17 A. I'm sorry, which statements are you specifically asking
18 about?
19 Q. About you said you guys didn't even know anything had taken
20 place that day, that the photo had been taken, and then
21 during the hearing with Diane Ristau 22 times you talked
22 about commotion, a production.
23 A. Both are true.
24 Q. Okay.
25 A. I was not aware the photo was being taken, but there was a
1 commotion that day, as I testified to. Or there was
2 something going on in the corner. I at this point in this
3 photo was looking at my other daughter.
4 Q. Okay. So did you make that statement to Officer Lejcher
5 that night?
6 A. Which statement?
7 Q. That there was a commotion and you knew things were going
8 on.
9 A. Yes, I did.
10 Q. Okay. And that is not in the report.
11 A. That is true. We had that conversation I think when we were
12 here -- I can't remember the date -- last time that we were
13 here with Ms. Ristau. I absolutely had that conversation.
14 I know where I was standing in the kitchen at my table and
15 how I explained it to him.
16 Q. And did you record that conversation?
17 A. No.
18 Q. I say that because I know that Michael likes to record lots
19 of conversation.
20 THE COURT: I'm not interested in your comments,
21 Ms. Evavold.
22 THE RESPONDENT: All right.
23 THE COURT: Ask questions.
1 Q. That's why I would question, you know, if you knew for sure
2 because you may have a recording of that.
3 Then another thing that was talked about is that
4 you're not a public figure. What my question would be is
5 were you a public figure when you did the press release on
6 your husband after the DUI and the crashing into the bridge?
7 A. No.
8 Q. Okay. So being a public figure, even a limited purpose --
9 THE COURT: You get to ask questions. That's what
10 you get to ask.
11 THE RESPONDENT: Yeah.
13 Q. So you're saying you're not a public figure. Public figures
14 usually do press releases.
15 THE COURT: That is not a question.
17 Q. Were you a public figure when you filed domestic abuse
18 against your husband?
19 A. What --
20 Q. And it came out --
21 MR. HANSEN: Objection.
22 THE COURT: The objection is sustained. That has
23 no relevance here.
24 THE RESPONDENT: It has relevance because it was
25 out in the public and it didn't identify --

1 THE COURT: No, it doesn't have relevance. I
2 decide what has relevance. The objection is sustained.
4 Q. Okay. Wasn't the public spotlight on you when you filed the
5 false police report?
7 THE WITNESS: I don't know what she's talking
8 about.
9 THE COURT: Do you have a date on that?
11 Q. Yeah, the police report that was filed against Diane Ristau,
12 Carrie Beaudette. By making that you're putting out a
13 public record, willing to --
14 THE WITNESS: I don't know what she is asking me.
15 THE COURT: I don't know what she is asking you.
17 Q. That's a public figure. My question is you say that you
18 don't want any of the spotlight on you, and yet there's
19 numerous times where the spotlight has been put on you.
22 Q. So you're not going to answer where you --
23 THE COURT: Well, the question is ridiculous, Ms.
24 Evavold. Somebody that files a police report is not a
25 public figure. Otherwise everybody would be a public

1 figure.
2 THE RESPONDENT: Okay, well, that's to be argued.
4 Q. How about when your husband was having an affair with Amy
5 Koch?
7 THE COURT: Sustained.
9 Q. In the commotion that was happening, you talked about the
10 commotion happening in front of you, why aren't you looking
11 at the camera?
12 A. I would not have known someone was specifically taking a
13 picture of me. I thought they were just people who were
14 shopping in an odd kind of manner, again, commotion. As I
15 stated multiple times, I'm looking at my other daughter.
16 Q. Normally if there is a commotion in production, a person is
17 going to look to that area; wouldn't you agree?
20 Q. Okay. Do you think people would look to where the sound is
21 coming from?
22 A. Depends.
23 Q. All right. The other question I have, I note that you
24 stated that you have concerns about another picture being
25 taken. You made a lot of statements in the transcript that

1 you were extremely anxious, your anxiety has been high.
2 You're fearful to go out in public. That you've been
3 working with doctors because of the anxiety. Did you bring
4 any documents for that?
5 A. No.
6 Q. Okay. What's the name of your doctor?
7 MR. HANSEN: Objection; relevance.
8 THE COURT: Sustained. Why is that relevant to
9 this?
10 THE RESPONDENT: Because it is saying it was
11 causing that much anxiety for a photo to be taken.
12 THE WITNESS: I understand that's privileged under
13 HIPAA laws.
14 THE COURT: Well, I don't see how it is relevant
15 who her doctor is when we are talking about a picture.
16 THE RESPONDENT: Again, it is making statements
17 putting it in a record that this is, like I said --
18 THE WITNESS: I absolutely stand on my statement,
19 but I don't feel the need to provide my doctor's name.
20 THE COURT: You don't have to. The objection has
21 been sustained.
22 She doesn't have to answer the question.
25 Q. The other question -- oh, I don't have any other questions I

1 guess with that. You talked about -- again, I'm trying to
2 establish the relevance of being a public figure, because,
3 again, we could say that about my husband. Yeah, we have
4 pictures of my husband at my house being taken. So I guess
5 I wouldn't -- how do you see a difference in that?
6 MR. HANSEN: Objection; it doesn't sound like a
7 question.
9 Q. It is a question. How do you see a difference in --
10 A. I don't know what pictures of your husband. I don't know
11 what you're talking about.
12 Q. Yeah, they are right there on your husband's website. So
13 he's taken photos at my home that we have.
14 THE COURT: I'm not quite sure how you think she's
15 responsible for that.
17 Q. Well, I'm saying how would it be any different that you have
18 privacy rights and my husband wouldn't have that as well?
19 I'm just establishing is there two sets of rules here?
20 A. I don't think your husband is a minor. I have minor
21 children that are in this photo.
22 Q. You think -- is it illegal to take photos of people in a
23 public place, including children?
24 MR. HANSEN: Objection; calls for legal
25 conclusion.
1 THE COURT: Sustained. She is not a lawyer. I
2 don't know how she would know that.
4 Q. Yeah, it's not. So I guess that's what my question is. How
5 this became anything when there is not a harassment. I
6 guess I wouldn't see this rising to the level of a
7 harassment restraining order.
8 MR. HANSEN: Objection; she's got to ask a
9 question. She is just talking.
11 Q. How do you think it rises to the level?
12 MR. HANSEN: Objection; calls for speculation.
13 THE COURT: She can answer that question.
14 Overruled.
15 THE WITNESS: Well, I already have two -- or me,
16 my children and my husband already have two HRO's that have
17 stayed in place after being in this courtroom. So obviously
18 it's been determined by a court of law that harassment has
19 occurred.
21 Q. Okay. So do you have any proof that I have received that
22 photo?
23 A. The court testimony of Carrie Beaudette and Diane Ristau.
24 Q. Did they say that I received that?
25 A. I believe Ms. Beaudette did, because she also spoke about

1 how she spoke with you, and she was very angry about what
2 had occurred with the photo after it had been sent to you.
3 Q. Right. And, again, it's never been verified that I received
4 that.
5 A. Well, it hasn't been verified that you haven't --
6 THE COURT: That is not a question. Just ask your
7 question.
9 Q. Was it verified that it was sent to Angie?
10 A. Ms. Beaudette testified in court that she sent the photo to
11 an Angela Young.
12 Q. Again, so that's been testified that it's been sent. But,
13 again, do you have any information that they were actually
14 received?
15 A. I don't recall her saying having -- I'm not sure. I don't
16 recall if she had a conversation with Angela Young. Only
17 that she had conversations with Ms. Evavold about the photos
18 being sent and received.
19 Q. Okay. Again, I would disagree with that. I don't think
20 that's ever been established.
21 MR. HANSEN: Objection; argument with the witness.
23 Q. I have one more thing I wanted to say. So, again, to your
24 knowledge has anybody been able to determine whose account
25 that is and who actually posted that?

1 A. To my knowledge, no.
2 Q. No. So that would really be -- don't you think the final
3 question is who posted that?
4 A. I think that would be a question you might be able to
5 answer.
6 Q. That's not -- I'm not on the stand.
7 A. I don't have an answer for that. I don't know.
8 THE RESPONDENT: I'm all -- all right. I have no
9 further questions.
10 THE COURT: Mr. Hansen, do you have any questions?
11 MR. HANSEN: Nothing further, Your Honor, for this
12 witness.
13 THE COURT: You may step down, Ms. Brodkorb.
14 Thank you.
15 Anything else?
16 MR. HANSEN: Call Michael Brodkorb.
17 Michael Brodkorb,
19 THE COURT: Take the stand. State your full name
20 and spell your first and last name, please.
21 THE WITNESS: My name is Michael Bernard Brodkorb.
22 First name is spelled M-i-c-h-a-e-l.
23 THE COURT: Brodkorb is B-r-o-d-k-o-r-b.
24 Mr. Hansen.

Michael Brodkorb - Direct 37
2 BY MR. Hansen:
3 Q. Mr. Brodkorb, I know the Court has heard this in another
4 case before, but I want to make sure we establish in this
5 case as well. What is your relationship with Ms. Evavold?
6 A. I covered -- I wrote extensively for Star Tribune and for a
7 book that was just published about the disappearance of two
8 kids, Samantha and Gianna Rucki. Ms. Evavold was convicted
9 of six felonies related to their disappearance. I covered
10 the criminal trials of Ms. Evavold and the another four --
11 the other three people, four adults in total, that were
12 charged and either pled guilty or were convicted for their
13 roles in the disappearance of those children.
14 Q. And just briefly here, you have had an opportunity to listen
15 to -- or, I'm sorry, I'm going to ask this as an open-end
16 question. Strike that. What is the coalition?
17 A. Over the course of discussing research for my book, we
18 uncovered some conversations that were made from jail
19 involving Sandra Grazzini-Rucki and references to a
20 coalition of people that were going to come after me in some
21 type of way. That coalition was -- the participants of that
22 coalition were never --
23 THE RESPONDENT: Objection; what does have that
24 have to do with now?
25 THE COURT: Overruled. You can answer.

1 THE WITNESS: The coalition was never defined, but
2 it is my belief that Ms. Evavold is front and center of that
3 group.
4 BY MR. HANSEN:
5 Q. I want to direct your attention to what's been marked and
6 entered as Exhibit No. 1 in this case. What is that?
7 A. Picture taken of my wife and one of my kids while they were
8 school shopping.
9 Q. And who sent it to who and what?
10 A. As was made available as we later learned from a police
11 report, the picture was taken by Diane Ristau. It was then
12 transmitted to Carrie Beaudette. Carrie Beaudette told
13 Detective Spiess that she transmitted it to Ms. Evavold.
14 When we had a court hearing in this exact place a few weeks
15 ago, Ms. Beaudette then disclosed that she provided that
16 photo to Ms. Evavold and to a woman by the name of Angela
17 Young, who is Ms. Evavold's next door neighbor, who is also
18 involved with Ms. Grazzini-Rucki and Ms. Evavold.
19 Q. You were here at this other hearing when Ms. Beaudette, who
20 refuses to testify today, but Ms. Evavold and Ms. Beaudette
21 we've established they have been friends for any number of
22 several years; correct?
23 A. Correct. Ms. Beaudette attended many of Ms. Evavold's
24 hearings related to her criminal case. And she also
25 attended many of the hearings involving an HRO that was

1 filed against Ms. Evavold for her repeated harassment of
2 David Rucki and his minor children.
3 Q. And you were here in the courtroom all morning. And when I
4 went up before the judge, when he called us up today and he
5 said that he got this long letter that says all kinds of
6 things about you and this case and so forth, has that -- was
7 that letter sent to MinnPost?
8 A. Yes. Since the issuing of this HRO, which was granted the
9 end of August, Ms. Evavold has started to communicate with
10 MinnPost, which is a publication that I do some contract
11 work with. And she's proceeded to send faxes and emails
12 related to this case, making a variety of allegations
13 against me, accusing me of breaking the law and perjuring
14 myself and a whole host of things. I don't know what
15 MinnPost's relevancy is to this. But since the HRO was
16 granted at the end of August, she started to send faxes and
17 communiqués to them, yes.
18 THE COURT: Okay, let's move on.
19 BY MR. HANSEN:
20 Q. Mr. Brodkorb, why do you want this harassment restraining
21 order?
22 A. Because this is going to continue. My concern is it's going
23 to continue. What Ms. Evavold has shown in prior matters
24 and in this is that if this order is dismissed, it will be
25 open season on my wife and children. We are incredibly

1 concerned about her demeanor and her conduct. This is a
2 woman who is a six-time convicted felon who is precluded
3 from having contact with minor children that are not related
4 to her family. This is in my opinion a very dangerous
5 person who shows a reckless disregard and does not follow
6 the law. Based on her conduct here this morning in the
7 courtroom, it is very clear to me what I think will happen.
8 I'm very concerned for the safety and welfare of my children
9 and for my wife.
10 Q. Based upon all the facts and circumstances here, you have a
11 pretty good reason to believe that it was in fact Ms.
12 Evavold that posted this picture on the Internet?
13 A. I have every reason to believe that Ms. Evavold is behind
14 Jane Johnson. I have every reason to believe that she and
15 Ms. Beaudette and Ms. Ristau and Ms. Angela Young are behind
16 all this.
17 It is worth noting, Mr. Hansen, that on the fax
18 transmissions that were sent, she had copies of Ms. Angela
19 Young's phone, she had screen captures of her phone. It is
20 clear she is working in concert with her. And those phone
21 records show that Ms. Young was communicating with someone
22 in Clearwater, Florida, which is the location of where Ms.
23 Grazzini-Rucki currently resides. I have every reason to
24 believe that Ms. Evavold, Ms. Beaudette, Ms. Ristau, Ms.
25 Young and Ms. Grazzini-Rucki are working in concert.

Michael Brodkorb - Cross 41
1 Q. So based upon that which she submitted as well to the court,
2 which is in the court file, it appears at least this is one
3 cell of the coalition?
4 A. Without any hesitation I will testify to that. I believe
5 that to be the case. Ms. Beaudette, independent of her
6 support of Ms. Evavold, has served paperwork on behalf of
7 Ms. Grazzini-Rucki, which you asked her about at the
8 previous hearing. These two women are intimately involved
9 with Ms. Grazzini-Rucki.
10 MR. HANSEN: I have nothing further.
11 CROSS-EXAMINATION
13 Q. What did you just say about Clearwater, Florida, on the
14 phone?
15 A. When I said, Ms. Evavold, in a fax transmission that you
16 sent, you had a screen capture of Ms. Angela Young's phone.
17 Q. Uh-huh.
18 A. And the phone log showed, the screen capture that you
19 showed, showed that Angela Young was receiving phone calls
20 from Clearwater, Florida.
21 Q. Which one are you referring to?
22 A. I don't have the copies in front of me. But Ms. Young was
23 receiving phone calls from Clearwater, Florida, area. And
24 so it is clear to me that Angela --
25 Q. You talking about the one I just did, the screenshots of

1 that phone call?
2 A. Yes. You look at it, you can see there is phone calls that
3 Ms. Young is receiving from -- Ms. Beaudette is leaving the
4 courtroom. I wonder if she is going to call Ms. Young right
5 now.
6 Q. I have no idea. You're speculating.
7 A. But, no, but there is a phone number. You had a screen
8 capture of Ms. -- you had a screen capture of Angela Young's
9 phone.
10 Q. Again, Angela is not here to talk about this.
11 A. But it is your fax, Ms. Evavold.
12 Q. What would that even have to do with any of this? She lived
13 with her.
14 A. Well, then I ask --
15 THE COURT: All right.
16 THE WITNESS: Then my question is --
17 MR. HANSEN: All right, you can't argue. You have
18 to wait for a question.
19 THE COURT: Wait, wait. Talk one at a time. You
20 are to ask questions. You're to answer them. Don't
21 interrupt.
22 THE WITNESS: I believe Ms. Evavold showed -- Ms.
23 Evavold provided to the Court and to my attorney, and then
24 proceeded to fax it to MinnPost, a transcript of a phone
25 conversation that had been left on Ms. Young's voice mail to

1 the Eagan Police Department. Also available on that screen
2 capture was a list of phone numbers that Ms. Young had
3 received phone calls from. One of those was a Clearwater,
4 Florida, phone number.
6 Q. So she had contact. So, again, you're saying that -- I'm
7 going to start with this. In your transcript you said --
8 Ms. Moore, who was the attorney, said, "Do you have any
9 factual evidence to connect Ristau to this account of Jane
10 Johnson?" Okay?
11 At that point you said, "I do."
12 "You do?"
13 "Yes. The fact that she took a picture and it
14 appeared on this account."
15 So what you're essentially saying at that point --
16 first you said it was Lea Dannewitz. Did you ever contact
17 Lea Dannewitz?
18 MR. HANSEN: She's got to ask --
19 THE RESPONDENT: I'm asking.
20 MR. HANSEN: I object to the form of the questions
21 as narrative questions.
22 THE COURT: Overruled.
24 Q. Did you ever contact Lea Dannewitz?
25 A. I did.
1 Q. Okay. Did you record that?
2 A. I did not.
3 Q. Okay. Again, I find that strange that you record
4 everything.
5 THE COURT: Just ask questions.
7 Q. My other question is then, so, first it was Lea Dannewitz
8 and then magically and mysteriously it turned to Diane
9 Ristau. Are you going to now, which you just did, accuse me
10 of being Jane Johnson?
11 A. I absolutely believe you are behind this, Ms. Evavold.
12 Q. Again, do you have any evidence?
13 A. Yes, I do.
14 Q. What is that?
15 A. The evidence is that a picture of my wife and kid -- kids,
16 which was taken by Ms. Ristau, which was shared with Ms.
17 Beaudette, which was then shared with you, appeared on this
18 social media account. It is by far the best direct evidence
19 to date of your involvement in this matter. And the fact
20 that this picture that appeared here has also appeared on
21 another website, which someone that you're very closely
22 associated with, Terry Nemmers, who posted this picture of
23 my children and my wife. So I have absolute every reason to
24 believe that you're behind this.
25 Q. That's out on the Internet. So, again, you're making -- you

1 are drawing conclusions that I'm behind this, again, with no
2 evidence.
3 A. I absolutely have evidence.
4 Q. So --
5 A. The evidence is this picture.
6 Q. Right. But, again, you don't know who is behind that
7 account. Because, clearly, did anybody establish that? Did
8 Dakota County, did Eagan Police Department?
9 A. I'm not an agent of law enforcement. That is not my
10 determination to make.
11 Q. Right. But I'm asking you was this determined, yes, DeDe
12 Evavold has this account?
13 A. Ms. Evavold, if you took the stand, I'm sure there could be
14 some or possibly be some clarification on that, but at this
15 point we don't know. But I have every reason to believe you
16 are behind it.
17 Q. And I have every reason to believe that what you've done --
18 THE COURT: Wait a minute. It is not your point
19 to state what you believe. It is your point to ask him
20 questions.
21 THE RESPONDENT: All right.
23 Q. My question then, do you think it is perjury when there is
24 an omission of truth?
25 MR. HANSEN: Objection; calls for legal

1 conclusion, irrelevant.
2 THE COURT: Nobody can answer that question.
3 Sustained.
5 Q. Well, I guess what I would ask then -- you said, yes, I'm
6 Jane Johnson, Diane Ristau is Jane Johnson. I have seen the
7 purposeful avoidance of using the truth --
8 THE COURT: You done asking questions?
9 THE RESPONDENT: No, because I want to have him
10 read this.
11 THE COURT: Okay, then go ahead and ask it.
13 Q. Okay. Because this is the audio that you recorded by me --
14 or of me, and I want you to read that out loud, please.
15 A. Do we know that this --
16 THE COURT: What is it?
17 THE RESPONDENT: It's information from my criminal
18 trial where he put information out there. So I wanted to
19 just show the omission of truth on this.
20 MR. HANSEN: Objection as to relevance.
21 THE COURT: It is not relevant.
22 THE RESPONDENT: It is relevant that --
23 THE COURT: No, it is not relevant.
24 THE RESPONDENT: -- everything that --
25 THE COURT: The objection is sustained. He

1 doesn't have to answer the question.
3 Q. I guess I'd ask in your book did you mention any of the
4 criminal history of David Rucki? Did you put any of that
5 information --
7 THE COURT: Sustained. You don't have to answer.
9 Q. Okay. Again, you made it very clear that this is -- you're
10 bringing in my case. You're bringing in things that have
11 nothing to do with this. Again, I want to ask, have you
12 ever put any of that information in your articles?
14 THE RESPONDENT: The relevance is showing the
15 omission of truth and perjury is what that is.
16 THE COURT: Sustained. It's not relevant. Ask
17 your next question.
19 Q. Okay. Again, would you agree that you have a history of
20 recording conversations?
22 THE COURT: Overruled. You can answer the
23 question.
24 THE WITNESS: In my capacity in writing, I have
25 recorded phone conversations, correct.

2 Q. So in all of these have you recorded anyone that you met
3 with at Famous Footwear, at the head of mall security, the
4 employee that you talked to, Poehler?
5 A. I did not record any of those conversations.
6 Q. Okay. All right. Again, I would just show that you're
7 making assumptions. You've not been able to show who is
8 behind that account. So would you agree with that?
9 A. No, I don't agree.
10 MR. HANSEN: Objection; asked and answered.
11 THE COURT: Overruled. He can answer the
12 question.
13 THE WITNESS: I don't agree that I haven't
14 established that. I think I clearly established and I think
15 others in this courtroom have established that the picture
16 that was taken by Ms. Ristau that was transmitted to Ms.
17 Beaudette and to you appeared in this account.
19 THE WITNESS: Every reason to believe that you are
20 behind this account.
22 Q. Again, that's your belief. We have no hard proof evidence.
23 THE COURT: Are you done with your questions?
25 Q. I guess, again, with harassment, do you see what you do with

1 me and my family as harassment; taking pictures outside our
2 house, calling the police?
4 THE RESPONDENT: The relevance is it's --
5 THE COURT: What's the relevance?
6 THE RESPONDENT: Mr. Brodkorb has been able to
7 harass me, my family, file a false police report against us.
8 This is not a stop of harassment.
9 THE COURT: You haven't brought a harassment
10 against Mr. Brodkorb. You are certainly free to do that if
11 you are being harassed.
12 THE RESPONDENT: Well, and that's just it. I
13 filed a police report against him that was willfully
14 disregarded, so there are two sets of rules is what I'm
15 finding out. So I did file that for perjury, for witness
16 tampering, which he --
17 THE COURT: It's not part of this proceeding.
18 THE RESPONDENT: Well, it's part of showing what
19 has occurred, and that --
20 MR. HANSEN: I object to her talking like this.
21 She needs to ask a question.
22 THE COURT: Yeah, okay. This isn't about Mr.
23 Brodkorb's behavior. It's about whoever down the line with
24 this picture.
25 THE RESPONDENT: Right, and that's what I'm

1 establishing. This is saying pretty thin connections here.
2 We don't have any hard evidence. But I guess --
3 THE COURT. Do you have any questions?
4 THE RESPONDENT: Yeah, my question is how do we
5 not have to provide evidence of who posted this? So, again,
6 we have no evidence to say, yes, I received it.
7 THE COURT: Who you asking the question of "Who do
8 you have to provide evidence to"? You asking him?
9 THE RESPONDENT: I don't know. I'm just throwing
10 that out there at this point.
11 THE COURT: Okay, well, you don't get to just
12 throw things out there.
13 THE RESPONDENT: I do, because --
14 THE COURT: Ask him a question, or you're done.
15 THE RESPONDENT: -- I've been in a courtroom
16 numerous times, and, again, been falsely convicted, so I
17 want to be able to get as much on the record. It's
18 harassment.
19 MR. HANSEN: Objection; she needs to ask
20 questions.
21 THE COURT: Are you done asking questions?
22 THE RESPONDENT: I'm done. I'm done with him.
23 THE COURT: You may step down.
24 THE WITNESS: Thank you, Your Honor.
25 THE COURT: You have any further --

51
1 MR. HANSEN: I don't have any further witnesses.
2 THE COURT: Okay, no further witnesses.
3 Petitioner rests. You have any evidence you want to offer,
4 Ms. Evavold?
5 THE RESPONDENT: I don't have copies for them. I
6 just have photos. Can somebody make copies?
7 THE COURT: Photos of what?
8 THE RESPONDENT: These are photos that are on his
9 site of me and all these numerous --
10 THE COURT: If you bring a harassment order, then
11 those would be relevant. But this is about the photo that
12 was posted of Ms. Brodkorb and his children.
13 THE RESPONDENT: Right. Again, no connection was
14 ever made to me on that.
15 THE COURT: Pardon me? Okay, do you have any
16 evidence that you want to offer? Do you want to testify?
17 THE RESPONDENT: No, I'm not going to testify.
18 THE COURT: Do you have any witnesses to call?
19 THE RESPONDENT: No, I'm not going to call anyone.
20 THE COURT: Okay. All right.
21 MR. HANSEN: I'd just like to make a very brief --
22 THE COURT: I'll let you both make closing
23 argument.
24 MR. HANSEN: So the case here, it's a
25 preponderance of the evidence as Your Honor is aware. And

52
1 this is circumstantial evidence here. And I think we've
2 established it before that pretty reasonable inference can
3 be made that it was her and her next door neighbor that were
4 the last in the chain to receive this picture. And I think
5 it's like a res ipsa loquitur argument. You know, they were
6 the ones that had the picture. They are the last ones.
7 They are the ones with the motive. They are the ones that
8 have been all around. They appear to be part of this
9 coalition. The other woman that received the picture is her
10 next door neighbor. So it's presumably -- a very reasonable
11 inference can be made based upon circumstantial evidence
12 that this is the person that's behind this account or is
13 driving this getting published on this account equally the
14 same. It is in that chain of harassment. And this is
15 hopefully the end of this chain of harassment once we get
16 our order if we can prevail today.
17 THE COURT: Ms. Evavold?
18 THE RESPONDENT: Again, we are making inferences.
19 There is no evidence to even show that I received it,
20 forwarded it, put it on the account. So, again, if we are
21 not going to use hard evidence, there is not much I can do
22 about that.
23 I do want to submit -- these are the police
24 reports from the Dakota County that just show that they've
25 never established that there were any accounts or that they

53
1 could identify who that was. These were filed by the
2 judges, Judge Knutson and Judge Asphaug, that also filed
3 against this person. So, again --
4 THE COURT: These were filed by what?
5 THE RESPONDENT: These were filed by Judge Knutson
6 and Judge Asphaug that filed the police reports saying this
7 person, Jane Johnson, who none of us know who that is, that
8 they filed against her as well, that account. And that they
9 didn't do anything. Twitter wasn't able to give them any
10 information, so --
11 THE COURT: So I don't understand what the
12 connection to Judge Asphaug and Judge Knutson had with these
13 reports.
14 THE RESPONDENT: This is the Jane Johnson account
15 that they filed as well against that account. And Twitter
16 still kept it up. Obviously there is no threats, no --
17 THE COURT: I don't know. Let me see what that
18 is.
19 MR. HANSEN: I'm going to object as to foundation.
20 These reports aren't evidence. It's hearsay.
21 THE COURT: I don't even know what -- she's
22 talking about the involvement of two judges.
23 THE RESPONDENT: They reported on this Jane
24 Johnson account.
25 THE COURT: Just let me see it.

54
1 THE RESPONDENT: All right. And they filed a
2 police report --
3 THE COURT: Okay.
4 THE RESPONDENT: -- and nobody was able to
5 determine who that was. They closed all of those. So those
6 essentially were --
7 THE COURT: Okay, I still don't understand what it
8 is. Oh.
9 MR. HANSEN: I object as to hearsay.
10 THE RESPONDENT: Well, continues to show that
11 everybody is going after this Jane Johnson. And now, what,
12 we will just pin it on me or just pin it on whoever is the
13 lucky person in front of the judge in the next harassment
14 restraining order filed?
15 THE COURT: Okay. I don't know, they are police
16 reports. Technically they are not admissible. But they
17 appear to me to be events that happened in February of this
18 year anyway. So not in connection with this.
19 THE RESPONDENT: They closed the cases on all of
20 that, again, because nobody is able to determine who that
21 account is.
22 MR. HANSEN: Objection. She is not under oath,
23 and she is trying to testify here.
24 THE COURT: She is making closing arguments.
25 Okay, anything else, Ms. Evavold?

55
1 THE RESPONDENT: Again, what I filed with the
2 Eagan Police Department is that falsely reporting a crime,
3 harassment of us and perjury and tampering with a witness.
4 MR. HANSEN: Objection; she is not testifying, she
5 is not under oath.
6 THE COURT: She is making a closing argument.
7 THE RESPONDENT: So they willfully refused to do
8 anything about this. So I just want that on the record.
9 THE COURT: Well, here's what -- I think the -- I
10 think normally at this point of this hearing that there has
11 been no connection between Ms. Evavold and the posting.
12 Well, I shouldn't say no evidence. That's too strong. And
13 normally we would be done.
14 However, in this case, because Ms. Beaudette took
15 the stand and took the Fifth Amendment, now, at least
16 arguably, and it appears to me as I reviewed the Rules of
17 Evidence in my head, that the testimony from that prior
18 hearing now becomes admissible here because of the fact that
19 the witness by taking the Fifth Amendment made herself
20 unavailable in there. So the Court, absent any other legal
21 argument, the Court will get an opportunity to review that
22 and take that as evidence. And that may or may not -- I
23 don't remember the testimony that clearly. But that may or
24 may not provide evidence as to the connection between Ms.
25 Evavold and the photograph that was posted online.

56
1 I would point out that in the -- I think in the
2 case referenced in the police reports was criminal cases.
3 The standard in a criminal case is beyond a reasonable
4 doubt, the highest legal standard. This is a civil case.
5 Has nothing to do with crimes. And the standard here for
6 the court is more likely true than not true. So it doesn't
7 need to be established like a criminal case with beyond all
8 reasonable doubt. Here it is simply more likely true than
9 not that Ms. Evavold was connected with this posting.
10 All that being said, is there a temporary order in
11 place?
12 MR. HANSEN: Yes.
13 THE COURT: The ex parte order that's in place
14 will remain in place until further order of the court. And
15 once we have run the time limits on those submissions, we
16 will either issue an order or review the transcript and
17 issue an order at this time.
18 MR. HANSEN: Your Honor, just real briefly about
19 that transcript, and I know you're going to review it
20 independently. But you will see in there -- I just want to
21 direct your attention. You will see in there where Ms.
22 Beaudette testifies that she calls Ms. Evavold, and she is
23 enraged about this being posted. So that's in there. You
24 can review that. But that's an important piece of
25 circumstantial evidence.
57
1 THE RESPONDENT: Again, not enraged. Yes, that
2 it's posted. And, again, not that I posted it. So that's
3 clear in that as well that that wasn't something. Again,
4 show me who it is, because I don't know who that account is.
5 So that would be the end of it.
6 THE COURT: Well, you didn't take the stand.
8 THE COURT: There is no evidence here that you
9 don't know who that account is. I can tell you that. All
10 right. We will take that under advisement.
11 (Proceedings concluded.)
12 * * * * *
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1 REPORTER'S CERTIFICATE
3 I, Faith A. West, do hereby certify that the foregoing
4 transcript, consisting of the preceding pages, is a true and
5 complete transcript of the proceedings had of record.
7
/s/
8 Faith A. West
Official Court Reporter
9 First Judicial District
1560 Highway 55
10 Hastings, MN 55033
(651) 438-8053
11 Faith.west@courts.state.mn.us
12 Dated: November 8, 2018
13
The foregoing certification of this transcript does not
14 apply to any reproduction of the same by any means unless under
the direct control and/or direction of the certifying reporter.
15
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Sarah Beth Brodkorb, Michael Brodkorb, and O/B/O Minor Children (AB, BB, EB), Transcript of Proceedings

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1

1 STATE OF MINNESOTA DISTRICT COURT

2 COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT

4 Sarah Beth Brodkorb, Michael

7 and File No. 19AV-CV-18-2157

8 Deidre Elise Evavold,

11 The above-entitled matter came on for hearing before the

12 Honorable Michael Baxter, Judge of the above-named Court, on

13 October 29, 2018, at the Dakota County Judicial Center, in the

14 City of Hastings, County of Dakota, State of Minnesota.

17 Mr. Nathan M. Hansen, Attorney at Law, appeared for and

18 on behalf of the Petitioners.

19 Respondent appeared pro se.

3 Petitioner's Witnesses Direct Cross

11 Petitioner's Final Argument-------------------------------- 51

12 Respondent's Final Argument-------------------------------- 52

14 Exhibit Identified Offered Received

1 THE COURT: Let me start with the parties in

2 Brodkorb versus Evavold.

3 MR. HANSEN: We are here, Your Honor.

4 THE COURT: Come on up. Is there a reason you're

5 afraid to come up here and talk to me?

6 THE ATTORNEY: No, I'm happy to come up. We

7 subpoenaed a detective, and then --

8 THE COURT: Wait. Where is the other party?

9 THE RESPONDENT: Right here.

10 THE COURT: Come on up. You are Mr. Hansen?

11 MR. HANSEN: Yes.

12 THE COURT: And Ms. Evavold?

13 THE RESPONDENT: Deidre Evavold.

14 THE COURT: All right. So I got this morning a

15 rather long request for a continuance of this matter from

16 Ms. Evavold. I don't know who -- and then there is attached

17 a letter from Ms. Beaudette who is a witness that is

18 subpoenaed by you; is that correct, Ms. Evavold?

19 THE RESPONDENT: No.

20 THE COURT: You subpoenaed her?

21 MR. HANSEN: Yes.

22 THE COURT: Well, she wrote a letter last

23 Thursday, faxed to our chief judge, Judge Messerich, saying

24 that she was unavailable today. I guess she's not an

25 attorney. I would say this is essentially a request to

1 quash a subpoena. I don't see that Mr. Hansen was copied.

5 MR. HANSEN: She is here now.

6 THE COURT: Oh, she is here. Okay, well, but we

7 are back to Ms. Evavold's request for a continuance in this.

8 Some of it I don't see how it relates to the harassment

9 restraining order, but some of it may well relate to it. Is

10 that still your request to continue this?

11 THE RESPONDENT: Yes, I haven't been able to --

12 THE COURT: I'm not doing it indefinitely.

13 THE RESPONDENT: No, I understand that --

14 THE COURT: Okay.

15 THE RESPONDENT: -- but I haven't received the

16 evidence that I have been trying to receive. All of the

17 preliminary audio statements from the Eagan Police

19 THE COURT: About what?

20 THE RESPONDENT: -- made by Diane Ristau and

21 Carrie Beaudette and Sarah Michaels [sic]. Preliminary

22 audio statements as well as all of the Famous Footwear

24 THE COURT: And how did you try to get that

1 THE RESPONDENT: I made numerous requests. I